Johnson City City Zoning Code
ARTICLE II
REGULATIONS
§ 2-1 Purpose and intent.
This article provides regulations regarding buildings, structures and land use within the City limits.
No building or structure hereafter shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or structure be used or arranged for any purpose or manner other than those permitted within the assigned zoning districts and specific provisions of this ordinance as referred to on Exhibit “A,” the Official Zoning Map of the City of Johnson City, Texas.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-2 Prior approvals.
Nothing in this ordinance shall be deemed to require any change to the plans, plats, lots or buildings previously approved prior to the effective date of the ordinance from which this ordinance is derived.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-3 Administration and enforcement.
The provisions of this ordinance shall be administered and enforced by the zoning administrator. The zoning administrator and such city staff or committees as may be assigned to or appointed shall have all necessary authority on behalf of the city to administer and enforce the provisions of this ordinance, including the remedying of any condition and the pursuit of legal action to ensure compliance.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-4 Certificates of use and occupancy.
(a)
No building hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy has been issued by the city, stating that the building or proposed use of a building or premises complies with the building code and the provisions of these regulations. A change in use shall be construed to mean any change in the occupancy of a business.
(b)
If the provisions of this ordinance are violated, the certificate of use and occupancy shall become null and void, and a new certificate shall be required for any further use of such building, structure or land.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-5 Zoning districts.
The city shall be divided into classes of residential, office, commercial, industrial and special zoning districts as presented in Article III of this ordinance. The location and boundaries of the zoning districts ordinance [are] as indicated on the map attached as Exhibit “A” entitled “Official Zoning Map of the City of Johnson City, Texas,” City Council ordinance filed in the office of the city secretary.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-6 Interpretation of zoning district boundaries.
In the event that uncertainties exist with respect to the intended boundaries of the various zoning districts as shown on the official zoning map, the following rules shall apply:
(1)
Where zoning district boundaries of the city appear to follow streets, alleys, railroads or highways, such boundaries shall be construed as the centerlines of those streets, alleys, railroads or highways.
(2)
Where zoning district boundaries appear to follow lines of lots or parcels of record, such lot or acre lines shall be construed to be such boundary.
(3)
Where a zoning district divides a parcel of land, the location of such boundary shall be determined by the use of the zoning map scale as measured to the nearest foot unless such line can be more accurately determined by geometric or land surveying computations.
(4)
Where indicated district boundaries are approximately following city boundaries, such boundaries shall be construed to be the district boundaries.
(5)
Where district boundaries are indicated as approximately following a creek, stream, or marsh, the centerline of the creek, stream or marsh shall be construed to be the district boundary.
(6)
All areas of the city which are under water are considered to be within a zoning district and controlled by applicable district regulations.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-7 Interpretation of district regulations.
(a)
Permitted uses and conditionally permitted uses are listed for the various zoning districts governed by this ordinance. Any use not specifically permitted in a specified district or districts as a use by right or a conditional permit use shall be prohibited.
(b)
No structure shall hereafter be built or moved, and no structure or land shall hereafter be occupied, except for a use that is permitted as a use [by right or] by a conditional use permit as regulated by the provisions for such use and the applicable district requirements of this ordinance.
(c)
No use of a structure or land that is designated as a conditionally permitted use in any district shall be established or hereafter changed to another use designated as a conditional use, unless a conditional use permit has been secured from the City Council.
(d)
No sign, fence, wall, accessory use or structure or home occupation shall be hereafter established, altered or enlarged unless in accordance with the provisions of this ordinance. Any variations from the provisions of this ordinance must have a variance or conditional use permit, as applicable.
(e)
Within each zoning district there are additional regulations referenced that are directly applicable to uses permitted in the district.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-8 Accessory uses and structures.
(a)
Accessory uses are permitted in any zoning district, but only in connection with, incidental to, and on the same lot as, a principal structure which is in use and permitted in such district. Walls and fences are regulated separately.
(b)
Except as necessary for ongoing construction activity, the storage or overnight parking of commercial vehicles rated over one ton is prohibited in any residential zoning district is limited to no more than 7 nights [sic].
(c)
In residential districts, no motor homes, recreational vehicles, trailers or boats shall be parked on the street right-of-way. Such vehicles may be used for any form of habitation on a residential lot for 30 days with a renewable permit and may connect to utilities if 1) the vehicle has a backflow prevention device for water, and 2) the vehicle owner applies for and receives a permit from the City.
(d)
No accessory structure shall be located in a front yard, except fences and walls.
(e)
No accessory building may be placed within the limits of an alley or required fire lane. No permanent accessory building may be placed within the boundaries of a recorded easement.
(f)
No accessory structure other than garages, barns and agricultural structures shall exceed 16 feet in height. Garages may be as tall as 30 feet in height provided that the garage shall meet the primary structure's side yard setback on all lot lines and that the height of the garage shall not exceed the height of the primary residential structure. Barns and other agricultural structures must not exceed the district height requirements.
(g)
Accessory buildings which are not a part of the principal structure (including those structures that are connected to the principal building by an open breezeway), may be constructed in a rear yard, provided such accessory building does not occupy more than 20 percent (20%) of the area of the required rear yard and provided it is not located closer than five feet to any lot line.
(h)
Swimming pools may occupy a required rear or side yard, provided that such pools are not located closer than ten feet to a rear lot line or ten feet to a side lot line. Swimming pools are not permitted in the front yard. A pedestrian space of at least three feet in width shall be provided between pool walls and the protective fences or barrier walls of the pool. Swimming pools shall be fenced.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-9 Accessory dwellings.
One accessory dwelling may be maintained within a single-family detached dwelling in the Single-Family Zoning Districts, contingent upon approval as a conditional use, in accordance with this ordinance and subject to the following:
(1)
The principal dwelling shall be occupied during the maintenance of the accessory dwelling.
(2)
The floor area of an accessory dwelling shall not exceed 25 percent of the existing floor area of the main building.
(3)
The accessory dwelling shall have a bathroom.
(4)
The permitted accessory dwelling shall be exclusively occupied by not more than four persons.
(5)
Off-street parking shall be as required by the parking ordinance of the city.
(6)
If the above conditions are met, the zoning administrator shall issue a temporary conditional use permit to allow the establishment and maintenance of the accessory apartment during the time of allowed occupancy.
(7)
All accessory dwellings must comply with the aesthetics of the primary residence and surrounding neighborhood.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-10 Walls and fences.
Walls and fences, berms and similar items that may restrict passage or vision or simply enhance private property may be located within required yards as defined by building setbacks except as restricted herein:
(1)
No walls or fences located within the front yard shall exceed a height of 48 inches as measured from the grade at the point of placement. No walls or fences or similar items other than landscaping within rear yards shall exceed a maximum height of eight feet. Rear yard fences that are taller than 48 inches may extend to the front corners of the primary structure. Fences in the rear yard on a corner lot shall meet the side yard setback adjacent to the right-of-way line in the zoning district.
(2)
In the Industrial and Highway Commercial Corridor Districts, walls and fences which are clearly used for safety or security purposes must comply with the administrative rules and statutory regulations of the Texas Department of Transportation.
(3)
These provisions shall not be interpreted to prohibit the erection of an open-mesh type fence enclosing any school or playground site or business or industrial activity for security purposes.
(4)
Walls and fences, hedgerows and other dense landscaping which occur on corner lots and exceed 36 inches in height and present an obstruction to vision shall be reduced in height to 24 inches or relocated at least 20 feet from the intersection of street right-of-way lines.
(5)
In all residential districts, walls and fences that adjoin property lines shall not be electrified, barbed or otherwise secured in a manner inappropriate or dangerous to the neighborhood. Such restrictions are waived for agricultural uses.
(6)
A fence, shrub, or wall may be installed in an easement, provided that the City or a utility company may need to remove the structure at the Owner's expense if access is deemed necessary.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-11 Outside storage and display.
(a)
The outside storage, display or sale of goods, products or equipment is permitted only in the Industrial and Highway Commercial Corridor Districts except that the outside storage, display or sale of new goods, products or merchandise shall be permitted in any nonresidential zoning district provided such goods, products or merchandise shall not encroach into the right-of-way and shall not be more than five feet in height.
(b)
Storage and display of rental trailers and trucks is not allowed except in districts where such uses are indicated as permitted on the schedule of uses located at Article IX [Article VIII] of this ordinance.
(c)
Outside storage limitations shall not apply to the following:
(1)
Merchandise dispensing units placed adjacent to a building limited to not more than three for any one business establishment when such merchandise dispensing units are operated in connection with the operation of a convenience food store, service station, grocery/supermarket or combination thereof.
(2)
Storage, display and sale of newspapers in newspaper racks.
(3)
The outside display of merchandise by a greenhouse.
(4)
Temporary outdoor services such as mobile blood banks, health screening and veterinary care.
(d)
The prohibition provided above shall not prohibit temporary outdoor sales of merchandise for periods not exceeding five consecutive days once a month operated by a building tenant holding the current certificate of occupancy. Temporary outdoor sales are limited to merchandise which is ordinarily sold on the premises by the building tenant. Temporary sales activities shall not encroach the right-of-way from all property lines and shall be no more than eight feet in height. A permit from the building official shall be obtained for each temporary outdoor sales event not more than 90 days prior to each event.
(e)
The prohibition provided above shall not prohibit garage sales in residential districts, provided that such garage sales do not last more than four days within any 30-day period of time. All garage sale signs must be outside of city and state rights-of-way and must be removed within 24 hours after the conclusion of the sale. Violators will be subject to a fine.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-12 Telecommunication towers.
For the purpose of this ordinance, telecommunication towers shall include radio, wireless telephone, television, microwave, short wave radio and/or any other tower used exclusively for communication purposes as interpreted by the zoning administrator. Telecommunication towers shall be regulated by the City's Code of Ordinances.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-13 Home occupations.
(a)
A home occupation shall be conducted only by persons residing on premises.
(b)
The home occupation shall not result in the alteration of the appearance of the residential dwelling unit or the lot on which it is located. There shall be no storage or display of goods outside of a completely enclosed structure.
(c)
The home occupation shall be conducted within the dwelling and shall not involve equipment which is deemed by the zoning administrator to be in conflict with the intent of the residential nature of the community.
(d)
The home occupation shall not involve the use or storage of explosives, flammable or hazardous materials and may not involve any process that produces smoke, dust, odor, noise or vibration, which is harmful to surrounding properties, as determined by the zoning administrator or his designee.
(e)
The home occupation shall not involve the delivery and storage of materials at a frequency beyond that which is reasonable to the residential use of the property, as determined by the zoning administrator.
(f)
Any use which generates traffic to and from the home in excess of what is normally associated with a single-family dwelling shall not be permitted as a home occupation.
(g)
There shall be no group instruction, assembly or activity, nor any display that will indicate from the exterior that the dwelling is being utilized in part for any purpose other than that of a residential dwelling. A personalized, identifying sign not exceeding 20 square feet is permissible. There shall be no advertising on the sign or the premises.
(h)
Within the context of the above requirements, home occupation uses include, but are not limited to the following:
(1)
Artist, sculptor or photographer.
(2)
Author or composer.
(3)
Computer programmer or Internet service provider.
(4)
Licensed massage therapist.
(5)
Child care provider (in accordance with State regulations).
(6)
Tailor or seamstress.
(7)
Professional office.
(8)
Tutoring.
(9)
Salesperson.
(10)
Telephone answering service.
(11)
Music teacher.
(12)
Caterer.
(13)
Baker.
(14)
Beauty parlors and barbershops (must obtain a hair salon permit in addition to license to cut hair).
(i)
Specifically prohibited home occupation uses include, but are not limited to, the following:
(Ordinance 16-0303 adopted 2/1/16; Ordinance 16-0401, sec. II.A, adopted 4/5/16)
§ 2-14 Group homes.
(a)
A group home shall be located not less than 1,000 linear feet from any other group home or child care facility as measured from the nearest boundary of the sites on which they are located.
(b)
No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties.
(c)
All group homes shall meet every state statutory licensing requirement.
(d)
Parking shall be in accordance with the City's parking ordinance.
(e)
No signs shall be permitted.
(f)
All exterior lighting designed for security, illumination, [or] parking lot illumination shall be designed in such a manner as to ensure that is [it] does not extend into adjacent residentially zoned properties.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-15 Signs.
All new signs and modifications or repairs to existing signs are subject to the regulations set forth in the City of Johnson City's Sign Ordinance.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-16 Effect of interpretation.
In interpreting and applying the provisions of this ordinance, they shall be held to [be] the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this ordinance shall govern.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-17 Present uses.
By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-18 Stop work orders.
Whenever any work is being done contrary to the provisions of this ordinance, the city may order the work stopped by notice in writing (referred to as a “Stop Work Order”) served on any persons engaged in the doing or causing such work to be done. The Stop Work Order shall be posted adjacent to the activity in question, and any such person shall forthwith stop work until authorized by the city to proceed with the work.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-19 Permit revocation.
A violation of this ordinance shall authorize the zoning administrator or the zoning administrator's designee to cancel any permit depending in whole or in part on any approval under this ordinance. If a permit is canceled, no further work shall be done on the project made the subject of the permit until the violation has been cured and new submittals under this ordinance, as required by the zoning administrator or the zoning administrator's designee, have been made and approved in accordance with the provisions of this ordinance and a new permit has been issued.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-20 Denial of approvals and permits.
A violation of this ordinance shall authorize the zoning administrator or the zoning administrator's designee to deny any approvals or permits sought by the person violating this ordinance.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-21 Penalties and injunctive relief.
(a)
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this ordinance as may be required by governing law. Any person violating any provision of this ordinance is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this ordinance is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate offense. An offense under this ordinance is a misdemeanor.
(c)
Civil remedies.
Nothing in this ordinance shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this ordinance, and to seek remedies as allowed by law, including, but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day (with each day constituting a separate offense and separate violation) when it is shown that the defendant was actually notified of the provisions of the ordinance and after receiving notice committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance; and
(3)
Other available relief.
(Ordinance 16-0303 adopted 2/1/16)
§ 2-22 Administrative penalties.
Any person violating this ordinance may agree with the city to remit one or more forms of administrative penalties in lieu of municipal court or district court enforcement.
(Ordinance 16-0303 adopted 2/1/16)